What can employers do to mitigate the risk of maternity discrimination?

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Recent tribunal cases have highlighted that employers must remain vigilant in keeping up to date with their policies and practices to continue to promote equality for women throughout their employment.

Understanding maternity discrimination

Maternity discrimination occurs when a pregnant woman or new mother faces unfavourable treatment in the workplace due to her pregnancy or maternity leave. This can manifest in various forms, including:

  • Unfair dismissal or redundancy during or after pregnancy
  • Being denied opportunities for promotion
  • Having an unsupportive work environment
  • Being treated differently to their colleagues whilst on maternity leave

Recent tribunal cases of maternity discrimination serve as critical reminders of the challenges that pregnant employees and new mothers continue to face. Employers can learn from these examples to create more equitable work environments. Here are a few notable cases:

Failure to adequately consult – In this case the tribunal held that redundancy consultation carried out with a director while she was on maternity leave was a sham. It noted that there was a stark difference between how she was treated and how colleagues who were working were treated, stating that the only explanation for this difference was that she was on maternity leave.

Refusing flexible working – The tribunal concluded that the employer’s refusal of a flexible working request following their employee’s return from maternity leave amounted to indirect discrimination. The tribunal ruled in favour of the employee, emphasising the need for proper consideration of, and investigation into, the viability of flexible working requests.

Failure to provide company updates – In this case the tribunal held that an office worker, who was excluded from a company-wide ‘free day off’, then not sent job adverts whilst on maternity leave was discriminated against.

What lessons can employers take from this?

Whilst situations can vary from company to company, there are simple steps an employer can take to avoid falling foul of employment legislation:

  • Ensure that promotions and demotions are based on merit rather than a woman’s maternity status
  • Proactively support employees in managing their work-life balance, especially during and after maternity leave
  • Create and communicate comprehensive maternity and paternity policies that outline the latest employees’ rights, including protection from discrimination and harassment
  • Consider offering training for all employees, managers, and HR staff to increase awareness of maternity discrimination issues and the legal consequences
  • Consider implementing flexible working options, such as remote working or adjusted hours, to accommodate employees during and after maternity leave
  • Foster a culture of inclusivity that values diversity and acknowledges the unique challenges that pregnant employees and new mothers face.

As well as avoiding tribunals, taking steps to ensure company practices are inclusive, will positively impact employee engagement and retention – not simply for those staff affected but for staff who want to work for an ’employer of choice’.

If you would like to discuss this topic further or would like further guidance on how to improve your policies or mitigate potential risk, please contact Helen Couchman in our team on 07799 901669.

Men’s health in the workplace: nurturing a culture of well-being

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In recent years, there has been a growing awareness of men’s health issues, supported by annual initiatives such as Movember and Men’s Health week. This year sees the Movember movement celebrating its 23rd year – a phenomenal achievement – and whilst these campaigns provide a spotlight at key points in the year, we consider what can employers do year-round to ensure men’s health issues are prioritised.

Why do we need to be concerned about men’s health?

The statistics on men’s health are concerning. According to the Men’s Health Forum:

  • Four out of five suicides are male
  • One man in five dies before the age of 65
  • 75% of premature deaths from heart disease are male
  • 67% of men are overweight or obese
  • Middle-aged men are twice as likely to have diabetes as women

The reasons behind these statistics are complex and multi-layered. We do know men tend to go to their doctor less frequently than women – this could be due in part to the stigma associated with discussing health concerns, especially mental health. This can lead to delayed diagnosis and treatment, further exacerbating the health issues. For others it may be that they are not fully aware of the importance of regular health check-ups or the early signs of health problems. Whilst gender stereotyping has progressed in recent years, for some there may still be an outdated view of what masculinity is – being expected to ‘man up’ and ‘keep it together’ – asking for help may be perceived as a weakness.

What can employers do?

  • Increase awareness: If part of the issue is that men simply aren’t aware of possible health risks, run campaigns that seek to educate about men’s health issues, including the importance of early detection and mental health support.
  • Encourage open conversations: Create a workplace culture that encourages open discussions about health and well-being and support individuals and line managers in feeling confident to have these discussions.
  • Support public Initiatives: publicise campaigns such as Movember and Men’s Health week and encourage employees to participate.
  • Mental health support: signpost employees to any confidential counselling services, helplines, and resources for employees struggling with mental health concern whether that’s through a company funded Employee Assistance Programme or via external organisations.
  • Maintain a focus on health and wellbeing: promote regular health check-ups, encourage employees to stay physically active and achieve a healthy work-life balance.
  • Champion men’s health: consider having a men’s health champion that employees can talk to and who can signpost them to support.
  • Lead by example: Encourage senior management to set an example by taking care of their own health and well-being, demonstrating that it’s not a sign of weakness to seek support when needed.

The health and well-being of all employees should be of paramount importance to employers. Appreciating that different groups of employees will require different strategies for supporting their well-being is equally critical. Initiatives such as the Movember campaign play a vital role in raising awareness, but employers also need to take an active role in supporting men’s health. By promoting awareness, fostering a culture of open communication and providing resources, companies can contribute to improving the health and overall quality of life for their male workforce. In doing so, we can help change the narrative surrounding men’s health and ensure that men feel comfortable seeking the support they need. Addressing these concerns is not just an ethical imperative but also a strategic one, as healthier and happier employees are more productive and engaged in the workplace.

For specialist HR support with any of these issues, please contact Sue Meehan Boyes in our team on 07384 468797.

The Menopause at work – World Menopause Day 2023

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World Menopause Day is observed annually on October 18th. For HR professionals, it’s an opportunity to reflect on the work being done within their own organisations on this issue and a chance to foster inclusive workplaces by addressing the unique issues that menopausal employees encounter.

The menopause, a natural phase in a woman’s life typically occurring between the ages of 45 and 55, brings about physical and emotional changes. In the workplace, these changes can manifest in various ways, including hot flashes, sleep disturbances, mood swings, and cognitive changes. These symptoms can significantly impact an employee’s performance and well-being.

So, how can we best create a supportive workplace?

  • Awareness: The first step for HR professionals is to raise awareness among employees and managers about menopause. Offering workshops or information sessions can help eliminate misconceptions and reduce stigma.
  • Flexible working: Consider implementing flexible working arrangements, allowing employees to adapt their schedules to better manage their symptoms. Remote work options, adjusted hours, or reduced workload during difficult periods can make a significant difference.
  • Review your policies: Ensure that your organisation’s policies, including sickness absence and performance management, are menopause-friendly. Adapt them if needed and consider introducing a menopause policy.
  • Training for managers: Provide training to managers on how to support employees going through the menopause. Encourage open and empathetic conversations, making it easier for employees to discuss their needs.

There are many benefits of a menopause friendly workplace. Providing a supportive work environment is of course best practice. It also has benefits for your organisation, including improving retention rates, reducing absence rates, and improving the engagement of your employees.

World Menopause Day 2023 is a timely reminder for HR professionals to prioritise the well-being the issue of the menopause in the workplace. By taking proactive steps to raise awareness, adapt policies, and provide support, you can create a workplace that empowers women to navigate this natural life transition with confidence and dignity.

For further advice or guidance, or for training for line managers around the menopause and the workplace, please contact Caitlin Anniss in our team on 07909 683 938.

Russell Brand – what would you do if he was your employee?

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Imagine a situation where an employee of yours is accused of serious sexual offences outside of work that doesn’t involve any work colleagues.

At first glance, a default approach might be to say that what happens outside of work is a private matter for the employee and so does not and should not affect their employment. But, it’s often more complicated than that.

In this sort of case, an employer may want to be mindful of three possible scenarios:

  1. Whether the employee’s behaviour outside of work affects, or may affect the organisation’s reputation.
  2. Whether the employee’s alleged behaviour impacts on whether their colleagues would want to work with them.
  3. If your organisation is subject to the Keeping Children Safe in Education (KCSIE) rules, then a third question might be about transferrable risk. While the considerations about this are beyond the scope of this piece, it is definitely still worth seeking advice about.

It’s worth remembering also, that the employment law test to arrive at a decision is on the balance of probabilities. This is a lower bar than the criminal test which is beyond reasonable doubt. This means that employers can and should arrive at their own conclusions and not have to feel that they need to wait for, or follow, the judgments and decisions in any criminal case. A word of warning here though: if the police are involved, you need to ensure that you don’t take any steps that the police might claim prejudices their own investigations, so it’s important to open a dialogue with them at an early stage.

This is a very complex area, which has become tricker with the arrival of social media and people commenting on a difficult situation. We recommend you should avoid any knee jerk reactions and promptly form a team who will deal with the process. If the incident has become widely known then let employees know who will be dealing with it and, for instance, designate a point of contact who will deal with media queries.

The standard advice regarding a disciplinary process also applies of ensuring a separation of roles, so someone should be given the task to investigate the matter, someone else (ideally more senior) should be given the task of hearing any disciplinary, should that be necessary; and then a third person (more senior still) should be identified as an appeal hearing manager.

It goes without saying that it is also sensible to take advice. Your organisation may well be facing this challenge for the first time whereas we have got experience in dealing with these matters.

For further advice and guidance on this matter or other HR related concerns, please contact Simon Martin in our team on 07384 813 076.

Navigating the surge in workplace conflict and strategies for effective resolution

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The modern workplace has witnessed a noticeable increase in conflicts in recent years. This phenomenon has not only strained relationships among employees, but has also incurred significant financial costs for organisations.

This article delves into the reasons behind this surge, examines its economic implications, and offers proactive strategies for employers to effectively mitigate and resolve these issues.

Understanding the increase

There are several factors contribute to the rise in workplace conflict, including:

  • Diversity and inclusion – whilst diversity is an asset, hiring employees with varying backgrounds, values and beliefs can also lead to misunderstandings and conflict if not managed effectively.
  • Remote work – the proliferation of remote working, accelerated by the COVID-19 pandemic, has altered the dynamics of workplace interactions. Isolation, miscommunication and blurred boundaries have increased the likelihood of conflict.
  • Stress and burnout – employees face heightened levels of stress, exacerbated by uncertain economic conditions, which can manifest as conflict when people feel overwhelmed.
  • Digital communication – the absence of face-to-face interaction can make it challenging to read emotions accurately. Overreliance on digital communication channels can lead to misinterpretation, miscommunication and, ultimately, conflict.

The financial costs

The increase in workplace conflict carries significant financial implications for organisations. According to a study by the Chartered Institute of Personnel and Development (CIPD), workplace conflicts cost UK employers an estimated £28.5 billion per year in absence, decreased productivity and legal fees. This substantial figure highlights the urgency for employers to address these issues proactively.

Mitigating workplace conflict

There are many ways that these costs and strained relationships can be avoided by following good HR practice, embedding a positive culture, and tackling potential issues early on. For example:

  • promote and invest in diversity and inclusion training and awareness programmes for employees. Encourage open dialogue, empathy and respect for different perspectives.
  • enhance communication skills, focusing on clarity and active listening. Encourage employees to express themselves effectively, model what is expected throughout the business, and provide employees with the tools they need to do this well.
  • implement mental health programmes, support and resources to help employees manage stress and build resilience.
  • promote work-life balance, by encouraging staff to establish clear boundaries between work and personal life, even in a remote-working environment. This should include revisiting flexible working arrangements and being more open to trialling new working patterns.
  • consider developing a conflict resolution training programme, to include mediation and negotiation training. Equip line managers with the skills to intervene early and effectively, or consider outsourcing to third party experts if a situation warrants this, before it becomes toxic or it affects a wider cohort.
  • encourage regular one-to-one check-ins between employees and managers, to provide a platform for discussing concerns, clarifying expectations, and fostering a positive working relationship.
  • create a comprehensive Conflict Resolution Policy to outline the steps to be taken when conflicts arise. Ensure employees are aware of the policy and know how to access support.
  • use technology wisely. Organisations should of course continue to leverage technology for efficient communication, but you should encourage in-person meetings whenever sensitive topics need to be discussed (or video meetings if absolutely necessary). Ensure all employees are proficient in digital communication tools.

The increase in workplace conflict is a real and pressing issue for employers to address, with substantive financial implications for organisations to bear. However, by understanding the underlying causes, investing in training and support, and implementing proactive conflict resolution strategies, businesses can mitigate these issues effectively. A harmonious workplace not only reduces costs, but also fosters a more engaged and productive workforce, ultimately benefiting both employees and the organisation as a whole.

If you would like more help with any of these issues or any other HR concerns, please contact Jo Bradbury in our team, on 07570 372118.

Supporting Employees on Complex Fertility Journeys

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We take a look at recent developments and guidance that has emerged to support employers navigating this important topic.

We previously published an article about the Workplace Fertility Pledge, an entirely voluntary scheme that employers could sign up to in which they pledged to offer support to individuals and couples going through fertility treatment.

Now the CIPD, the professional body for HR and people development, has launched a guide to employers on how to offer workplace support.

The guidance draws together the work of others, such as Manchester Metropolitan University and Fertility Matters at Work.

What Support Can Employers Put in Place?

Fertility treatment varies and so do the needs and wishes of those going through it, but for those looking at what they can do in their organisation, it’s a useful starting point to review Manchester Metropolitan University’s list of various factors that those undergoing fertility treatment may be dealing with:

  • attending multiple (sometimes daily) clinic appointments – often arranged with little notice
  • finding the time and privacy to take sensitive phone calls from the clinic during the working day, coupled with the anxiety of waiting for, and potentially missing, important updates
  • storing medication (which may require refrigeration) at work and finding a clean and private place to inject medication
  • ‘cycles of hope and grief’- the challenge of receiving difficult news at work and managing the significant emotional transition if treatment is unsuccessful
  • potential strain on relationships both inside and outside work
  • financial pressures if funding treatment privately

As an employer, this list is really pause for thought. Supporting employees through this journey makes good sense, not only because it’s the right thing to do from a human, compassionate perspective but also because you can work with that employee to help them to continue to be effective in their role in a planned way, rather than them staying silent and trying to muddle through.

There’s lots an organisation can do, from educating managers and employees, introducing a policy and allowing flexibility for those undergoing treatment.

Resources

The CIPD has helpfully included their Fertility Journey Policy, which is worth a read for those thinking of implementing their own policy.

Fertility Matters at Work is also a great resource for employers who are searching for information on how they better equip their organisation to support employees who are on a complex fertility journey.

For further information on this topic, please contact Sarah Martin in our team on 07799 136091.

Disciplinary Processes – It’s All in the Detail!

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A recent case illustrated why process and the associated details, can be critical when dealing with disciplinary issues. We look at the basics of a disciplinary process, the importance of following it and what could happen if you don’t!

The case of Miss M Crew and Miss J Mason v Three Milestone Education Ltd shines a spotlight on mistakes that can be made when managing a disciplinary and the importance of considering each case on its own merit. But first let’s take a look at the process.

Why Do You Need a Process for a Disciplinary?

Under the Employment Rights Act 1996, as part of the written statement of terms and conditions of employment, employers must provide employees with information on the disciplinary rules and the procedures for disciplinary decisions and appeals, or refer the employee to some other easily accessible document, such as a staff handbook, containing that information.

What About the Acas Code of Practice?

The Acas statutory Code of Practice on Disciplinary and Grievance Procedures provides recommendations for dealing with disciplinary situations at work. Businesses may have their own processes that are more suited to their needs but the Acas statutory code is the minimum an employer must follow. Failure to follow the Acas Code may be taken into account by tribunals in deciding if a dismissal is fair. Similarly an unreasonable failure to follow the Acas Code may lead a tribunal to adjust the amount of compensation payable to the employee.

Any Other Benefits?

There are other sound reasons for having a documented process set out:

  • Provides clarity – confirmation to staff what behaviour is expected behaviour as well as what may be deemed unacceptable or inappropriate.
  • Clear structure – a mechanism to look at and resolve concerns constructively and encourage improvement. Sanctions are not the only outcomes and the process can identify what improvement is required of an employee and outline what support might be available to facilitate the required level of improvement.
  • Consistency and fairness – to ensure rigour in its application across the business and to endeavour to be in the best position to successfully defend any unfair dismissal claim.

What Should a Disciplinary Process Include?

Acas advise six steps in a disciplinary process:

  1. Assessing the options – whether the matter can or should initially be dealt with informally; whether it sits within another process such as a capability process.
  2. Once the process is invoked, undertaking a fair procedure – this includes acting swiftly to inform the employee of the concerns and the process to be followed; at the same time being mindful of the employee’s health and wellbeing. Identifying who will conduct the disciplinary hearing and who might be needed to hear an appeal if one is raised.
  3. Carrying out an investigation to establish the facts of the case. The investigation should be done by someone other than the disciplinary hearing manager to maintain fairness in the process.
  4. Conducting the disciplinary hearing to review the evidence from the investigation – giving the employee adequate notice so they have time to prepare and allowing them to be accompanied by a work colleague or trade union representative. Providing them with the opportunity to ask questions of the investigation.
  5. Following a fair disciplinary procedure, the employer should decide on the best outcome based on: the investigation findings, what is fair and reasonable and what their workplace has done in any similar cases before. The decision should be communicated to the employee in writing and also detail their right to appeal the decision.
  6. Follow up after the hearing as appropriate – this may include talking to those staff who were aware of the issue, to ensure confidentiality is maintained; updating HR records.

Do I Have to Follow All the Steps?

Yes. The requirement is for a fair process that allows all parties the ability to participate and to have access to all of the evidence. Failing to undertake one of those steps such as a separate investigation could undermine the findings of the disciplinary and lead to a possible tribunal claim. But it is also important to consider each case on its own merit and recognise where adaptation to the process may be required.

The case found that an employer who refused to allow an employee’s mother to attend as their companion, was a failure to make a reasonable adjustment. The tribunal found there were extenuating circumstances due to the employee’s disability and the requirement for additional support and that rejecting the request, created an intimidating environment.

The same case also highlighted the importance of independence in investigations. The case involved two employees and as a consequence two hearings and investigations. The employer decided to swap the roles of disciplinary hearing manager and investigation officer between the two employee hearings. The tribunal found that there were “chances of contamination in the investigation between the decision maker and investigator of both cases..” and that the approach taken ” was “outside the band of reasonable responses”.

What Are the Repercussions for Not Following the Process?

  • Risk of claims for unfair dismissal- inadequate procedures or failing to adhere to published processes could mean consideration is not given to specifics of a matter or the process is incomplete ahead of any disciplinary outcomes, resulting in higher risk of a claim being made.
  • Costs of defending a claim – outside of the possible awards that could be made, there are legal costs as well as the costs of management time to consider.
  • Reputational damage – externally to your employer brand which could impact negatively on relations with suppliers, customers and deter future employees. Similarly existing staff want to be reassured that that an organisation follows its own rules and won’t attempt to ‘fast track’ a process.

Employers can avoid these pitfalls by having documented disciplinary processes which are clearly communicated and accessible to all; ensure the processes are adhered to; and provide training to those hearing disciplinaries as well as those investigating them. Disciplinaries will be an inevitable part of the workplace environment, but employers who put these measures in place can reduce potential challenges and minimise risks of future claims.

For specialist HR support with any of these issues, please contact Sue Meehan Boyes in our team on 07384 468797.

Is Hybrid Working, Working for You?

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It’s hard to remember a time before hybrid working. But as its usage has increased, so have some challenges. In this article we look at those challenges and consider how you can manage them within your own business.

The Current Picture in the UK


Recent data from the London Underground suggests that office attendance in the key London business districts has levelled off since November 2022. A Centre for Cities report stated that a hybrid working pattern is now most common in the capital, with the average office worker attending in person two days per week with three days worked remotely.

The report raises interesting questions regarding the loss of opportunities to collaborate in person, suggesting that the established economic benefits of ‘agglomeration’ which have been evidenced over the last century, are now on the decline. Although, given technological advances to accommodate remote collaboration in recent years, perhaps the impact is more nuanced than is being suggested.

Being co located with colleagues provides valuable opportunities for collaboration, learning and social interaction. But the pandemic has also demonstrated the value of remote working in fostering employee well-being, and work-life balance, without compromising on productivity.

Many employers continue to offer hybrid or remote-only working opportunities to attract and retain the best talent in a competitive recruitment landscape. Other academic research has evidenced the benefits of remote working to the wellbeing of employees, with the recent 4 day week study being a resounding success with 92% of those participating in the trial adopting the working pattern on an ongoing basis. Many employers who participated in the 4 day week study also offered hybrid or remote-only working opportunities and actually found a distinct increase in productivity.

Is Hybrid Working Right for Your Organisation?


It’s clear that the demand for flexible working is here to stay and that it can work. But it is equally important to recognize that there is no ‘one size fits all’ and organisations should review their own challenges before attempting to adopt any drastic changes to working practices.

As an employer, you might want to consider how you are measuring and monitoring the effectiveness of your current working practices.

  • This could include metrics such as financial data, productivity data, sickness absence data, recruitment and retention metrics, employee wellbeing data etc.
  • Seeking feedback from your employees informally on how it’s working for them through employee forums, surveys or via management.
  • Reviewing your flexible working policy and how you promote this within your organisation.

Peter Cheese, Chief Executive of the CIPD, said in response to the four-day-week trial “[the pilot] has shown the potential organisations have to rewrite the rules on working norms across different roles and sectors… [to] create better balance of working lives for their people while maintaining business output and outcomes”.

Keeping Connected While Hybrid Working


Being truly connected to your team is not simply about being online. The real puzzle is how we can maintain the scope for collaboration when working remotely. A few things you can consider:

  • Train your managers on how to engage, motivate and manage a remote team
    Remember, the skillset required to manage a dispersed team is not the same as managing a face to face team.
  • Create a working environment where innovation is encouraged and nurtured
    Depending on how you work, it may help to schedule some team thinking time. This could be during regular online meetings and/or during face to face development sessions.
  • Make face to face time count
    If you are arranging face to face events that will require investment and travel, make them worthwhile! Seek input from the team on the design of the day and how you will measure its success.
  • Maximise the use of technology but don’t forget the importance of human connection!
    One of the key criticisms of hybrid working is the lack of opportunity for human connection and socialising. You can weave in opportunities for social connection to your face to face events but we would also recommend making space for this remotely too.
  • Review and evolve
    Schedule regular opportunities to revisit the way things are done. It should not be set in stone and the way you work should evolve with the needs of the organisation and the team.

Looking Ahead

The evidence certainly suggests that hybrid working patterns will remain an established way of working for the foreseeable, something that businesses need to consider when they are looking to the future and the development of their recruitment strategies. In a recent survey by Deloitte, 77% of Gen Z and 71% of millennials would consider looking for a new job if their employer asked them to go to their workplace full-time. Likewise existing staff have appreciated the benefits a more flexible approach can bring – whether that’s in reduced travel time, better balance of caring responsibilities. Engaging with staff and giving consideration as to what could really work within the workplace, will help businesses be in the best position to both attract new talent and retain and motivate current employees.

 For a discussion on how you can make hybrid working or other forms of flexible working work in your organisation or the training we can offer, contact Kathryn Chidzey-Jones  in our team on 07881 092524.